The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1887-11-24


sort shall come out /; although very
little more can apparently be brought
out"
Solicitor: l had intended to move
to strike out all except the legal
evidence-the controversy in Dem
MIS- court and the letter.
Mr.. Johnstone continued: On 26th
Of March I went to trial justice for
purpose of making motion to dissolve
attachment. Mr.. Blease suggested
that we consider the merits of the
case. The constable was objected
to and Sheriff Riser was sent for to
serve the jury. 1t was claimed that
the other side was entitled to 4 days
notice. I said notice could not be
served on counsel when they were
absent from their Office. Mr.. Car
Isle spoke first and I followed. l
got througi nv argument, which was
directed solely to Mr.. Blease, the
trial justice, and there is not man
on earth who can point to single
syllable Of that argument that was
personal to anybody. When | took
my seat Mr.. Jones arose, and, having
made some preliminary remarks, dis
cussing some slight question for q
second or so. he began to argue on
the question of the right of his client
to notice, not having the reply. He
said that counsel for the defence had
admitted that this was Court; a
Court Of dignity, Court of justice, 8
Court of records. That was his Ian.
guage, syllable for syllable. I, still
sitting in my seat, said we did not
admit that, for the statutes expressly
say that it is not g Court of record.
I was then, mark you, simply con.
trovcrting his statement that we had
said it was a Court of record. His
language then was this: II wish it
distinctly understood that l am ad.
dressing the Court and nobody else
here present." and he said this taunt-
ingly and contemptuously. Then l
said, also, warmly, 81 am addressing
the Court. and the Court alone He
then, looking back contemptuously
over bis shoulder, again said: Il
am addressing the Court and nobody
else here" I said: Il am merely
making correction" and I said so
| with a smile. He then said: '1s the
Court ready to hear me p and turn.
ed towards his seat. Mr.. Blease said
"Oh, yes, I am ready to hear you,
| Mr.. Johnstone does not wish to an
nov you, Go on Mr.. Jones'" One
of the witnesses has stated that MIR.
Blease used the word interrupt"
but the word was "annoy." Then Mr..
| Jones replied, looking back over his
shoulder and tossing his head back
ward: ooh, it did not annoy me.
I consider the source. Nothing COM
ing from such source can annoy
me-" I was sitting down and 1 for
got in the sting of the moment that l
was armed. was not conscious of
it. for although I was expecting
difficulty I expected it on the street
and not in the Courtroom. In fact,
after Hunt had told me what he had
told me I said that | had no contro
versy with john Jones and that |
could not state falsehood, but that
if he was trying to force me to &C.
knowledge myself in the wrong and
give him the benefit of having forced
a retraction be would find himself
mistaken. Hunts reply to re was:
Il do not think this is any bluff
game" That was his language as
nearly as it could he repeated by
mortal man at this length Of time.
From that time forward I was or the
alert. Mr.. Johnstone then had ex-
hipited to the Court two pistols, one
of which was an old model ivory
handled 50 calibre Smith & Wesson.
which, he said, had been loaded for
at least three years, and which he
put in his pocket in addition before
going on the street that morning. as
he expected difficulty, if at all, on
the street. This latter weapon is 8
small 32.calibre Remington. The
large pistol had only four chambers
loaded. He carried the larger pistol
in the right POCKET Of his pants and
the smaller one III his right hand in
side coat pocket. Thus armed he
appeared in Court.
Mr.. Johnstone then proceeded:
When Mr.. Jones used the language l
have repeated / sprang to my feet
I cannot tell you in what way. Most
of the witnesses have said that |
used the language ''impudent puppy"
| did not say that, l said IF the
dirty puppy will repeat that language
out of the CourtI will slap his face,'
and 1 distinctly used the language
"out of the Court" ! finished the
sentence with Jones's pistol in my
face. He drew it from his hip pocket.
lie then wheeled. and as he wheeled
he raised tile pistol. He did not
shoot with The drop. He hesitated
a second over my stomach, raised it
still further, hesi ated moment over
my heart, again raised it deliberately
to my right eye and fired, the ball
passing through my right ear, leav-
ing tue powder burns on my cheek,
his pistol not being more than eight.
cen inches from my face. | thought
the lobe of my ear had been carried
away. I shook my head and then
for the first time attempted to draw
my pistol. 1t was in the right pants
pocket. What took place between
his first and second shot l cannot now
tell, but when l received the first fire
my first impulse was to stand and
face it. but 7 caught the glare Of his